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HomeMy WebLinkAbout1975-09-08• MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, September 8, 1975 Mayor Gibbs called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 5:30 P.M. ROLL CALL Present: Bartlett, Coen, Shipley, Gibbs Wieder (5:45 P.M.) Matney,(6:55 P.M.) Duke (7:20 P.M.) Absent: None YOUTH SERVICE PROGRAM PRESENTATION Mrs. Margo Carlson and Mrs. Martha Newkirk, representatives of the 'Youth Service Program were introduced to the Council and audience. Mrs. Carlson explained the function of the voluntary program which is sponsored by University of California at Irvine and is operated from the city's police department. Mrs. Newkirk then addressed Council regarding the operation of the program and the services which are offered to the community. She informed Council that she had distributed literature detailing the program. The Council thanked Mrs. Carlson and Mrs. Newkirk for their informative presentation. HUMAN RESOURCES COUNCIL PRESENTATION - YOUTH CRISIS FOSTER FAMILY PROGRAM Mr. Pat Downey, Chairman of the Huntington Beach Human Resources Council, addressed Council regardingtheir organization's proposal for a Youth Crisis Foster Family Program. He spoke regarding the purpose of such a program and the manner in which it could be implemented. He informed Council that city funding was not required but that city approval was requested. The Police Chief then addressed Council regarding the program. Following discussion, a motion was made by Councilwoman Wieder to approve the par- ticipation by the City in said Youth Crisis Program as recommended by the Huntington Beach Human Resources C(,'ncil. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Gibbs NOES: None ABSENT: Duke CALL INFORMAL MEETING OF THE COUNCIL AS A COMMITTEE -OF -THE -WHOLE Mayor Gibbs called an informal meeting of the City Council as a Committee--of-the-Whole for the purpose of viewing a film distributed by the National League of Cities. RFCESS Mayor Gibbs called a recess of the Council at 5:30 P.M. RECONVENE The evening portion of the adjourned regular meeting of the City Council was reconvened by the Mayor at 7:00 P.M. "'� Page #2 - Council Minutes - 9/8/75 The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend David Humphrey - Community Bible Church. v U PRESENTATION OF PLAQUES - RECREATION & PARKS COMMISSIONERS Mayor Gibbs presented plaques to Mr. Darrel Carter and Mr. James Curran in appreci- ation for their services on the Recreation and Parks Commission from June, 1969 to June, 1975. PROCLAMATION - 'CONSTITUTION WEEK' - SEPTEMBER 17-23, 1975 Mayor Gibbs read a Proclamation designating the week of September 17-23, 1975, as 'Constitution Week' in the City of Huntington Beach. Mrs. Anne K. Cox, representative of the Clara Barton Chapter of the Daughters of the American Revolution, accepted the proclamation. CERTIFICATE OF COMMENDATION - AL MADDALENA - H B HIGH SCHOOL The Mayor presented a Certificate of Commendation to Mr. Al Maddalena, drama teacher, Huntington Beach High School, in appreciation of the students' performance of 'Jesus Christ Superstar' at the Civic Center. v APPRECIATION FOR ASSISTANCE EXPRESSED Mrs. Mary Rolson expressed her appreciation to the Council and to Mayor Gibbs, Councilwoman Wieder and Councilman Matney in particular, for their assistance in attempting to locate the dog which had bitten her son. CONSENT CALENDAR - (ITEMS REMOVED) At the request of Councilman Matney the items pertaining to the Council Legislative Analysis Committee recommendations and transfers from the Civic Improvement and Revenue Sharing Funds were deleted from the consent calendar for separate discussion. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Bartlett, the following items were approved as recommended by the fol- lowing roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of August 18, 1975, regular meeting of August 18, 1975, adjourned regular meeting of August 25, 1975, as corrected, with Councilman Matney abstaining, and regular meeting of September 2, 1975, as written and on file ;in the Office of the City Clerk. v DEDICATED IMPROVEMENTS - TRACT�8471 - SHAFFER & HERMANSEN - Accepted improvements dedicated for public use in Tract No. 8471, located'on the west side of Florida Street, north of Garfield Avenue; authorized the release of the faithful performance portion of the improvement bond only, the monument bond and termination of the Subdivision Agreement and directed the Clerk to notify the developer and the Treasurer to notify the bonding company. L Page #3 - Council Minutes - 9/8/75 TEMPORARY DEBRIS STORAGE AGREEMENT - H B COMPANY - APPROVED - Approved an agreement between the City and the Huntington Beach Company allowing the City to use certain Huntington Beach Company property in the Townlot area for the temporary storage of debris from the City's daily street sweeping operation and authorized the Mayor and City Clerk to execute same on behalf of the City. SCHOOL RESOURCE OFFICERS AGREEMENT - APPROVED - Approved an agreement between the City and the Huntington Beach Union High School District for the continued provision by the city of police officers to teach and counsel students for the 1975-76 school year, and authorized the Mayor and City Clerk to execute same on behalf of the City. NOTICE OF COMPLETION - THIRD PUMPING UNIT - CC-348 - Accepted work on the installation af:the;Ahird pumping unit in the Newland Storm Drain Station, completed by Protocon, Inc., for a final contract amount of $16,975 and directed the City Clerk to file a Notice of Completion with the Orange County Recorder upon receipt of the required guarantee bond. COUNCIL LEGISLATIVE ANALYSIS COMMITTEE RECOMMENDATIONS The Clerk presented a communication from the City Council Legislative Analysis Committee containing its recommendations for Council action on certain state legislation Discussion was held by Council. On motion by Gibbs, Council opposed Assembly Bill 816 to establish painting`standards to be enforced by local government and supported in principle Senate Bill 1282"recom- mending that drunk driving fees for chemical analysis be passed on to those convicted of such offense, with the request that an amendment be made to insure that local entities receive f4ir share. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None On motion by Gibbs, Council opposed Senate Bill 100 to allow an increase in gasoline taxes, unless amended to allow a one cent increase to be allocated to local government. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Shipley, Duke, Gibbs NOES: Matney ABSENT: None c. v" TRANSFERS FROM CIVIC IMPROVEMENT & REVENUE SHARING FUNDS - DEFERRED The Clerk presented a communication from the City Administrator recommending approval of transfers from the Civic Improvement Fund to the General Fund and transfers from Revenue Sharing Fund to the General Fund necessary to balance the 1974-75 budget. Councilman Matney stated the reasons for his opposition to the transfer of funds, and discussion was held between the Council, City Administrator and Finance Director. A motion was made by Councilman Matney to refer the matter of transfer of said funds to the City Attorney and the Huntington Beach Economic Advisory Commission for recommendation. Mr. Ivan Marks, representative of the addressed Council regarding the matter Mr. Marks, Council and staff. Huntington Beach Economic Advisory Commission, and considerable discussion was held between Page #4 - Council Minutes - 9/8/75 If Following discussion it was determined that the vote would be taken on the motion as divided. The vote on the portion of the motion to refer the matter of the transfers of funds ko the Huntington Beach Economic Advisory Commission for recommendation and report was as follows: AYES: Wieder, Coen, Matney, Shipley, Gibbs NOES: Bartlett, Duke ABSENT: None The vote on the portion of the motion to refer the matter of the transfers of funds to the City Attorney's office for report at the September 15, 1975 meeting was as follows: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None PUBLIC HEARING - EMERGENCY ORDINANCE NO 2009 - SUNSET HEIGHTS MORATORIUM - ADOPTED Mayor Gibbs announced that this was the day and hour set for a public hearing on proposed Emergency Ordinance No. 2009 - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH EXTENDING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS AND COMMUNITY DEVELOPMENT WITH RESPECT TO CERTAIN REAL PROPERTY WITHIN THE SUNSET HEIGHTS DISTRICT OF HUNTINGTON }TEACH." The Clerk informed Council that all legal requirements for publication and posting had been met and that she had received no communications or written protests to said proposed ordinance. Mayor Gibbs declared the hearing open. Mr. F. A. Gallo, owner of 9 lots in the area, addressed Council regarding the diffi- culities he has experienced in obtaining a building permit in this area. Considerable discussion was held between the Council, staff and Mr. Gallo. Mr. Ed Dahlke, owner of property in the area, addressed Council regarding his efforts to secure a building permit in this area and discussion was held between the Council, staff and Mr. Dahlke. Mr. R. E. Williams, owner of 16 lots in the area, addressed Council and presented reasons why he opposed the proposed ordinance. The Planning Director presented a review of the matter for Council's information. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Councilman Coen commented on the condition that had been discovered on the tract map in the area and which had created a serious problem. Following a reading by the Clerk of Emergency Ordinance No. 2009 in full, a motion was made by Councilman Duke to adopt said Ordinance. The motion was passed by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs PNOES: None ABSENT: None Page #5 - Council Hi.nutes - 9/8/75 The Mayor referred Mr. Dahlke and Mr. Williams to the Planning.Director for.further consideration of their problems. PUBLIC HEARING - ZONE CASE 74-05 - APPROVED - ORD NO 2010 - FIRST READING Mayor Gibbs announced that this was the day and hour set for a public hearing on a petition for a change of zone on approximately 65.9 acres of land from R2-PD-14 Medium Density Residential District - Planned Development (14 units per acre) and C4 Highway Commercial District to R1 Low Density Residential District, on property located approximately 1500 feet southwesterly of the intersection of Talbert Avenue and Edwards Street. The Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no commmnications or written protests to Zone Case No. 74-05 or to the recommendation of approval of the Planning Commission. Mayor Gibbs declared the hearing open. Councilman Matney requested and was granted permission to abstain from consideration of the matter, and vacated his chair. Mr. Gordon Offstein, resident, addressed Council in opposition to the .proposed zone change -as he believed it was a loss of industrial zoning to the City. The Planning Director presented a resume' of the planning Commission's reasons for recommending approval of the proposed zone change. Mr. George Stringer, representing the applicant, Signal Bolsa.Corporation, addressed Council in favor of the proposed zone change. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council adopted Environmental Impact Report No. 74-4 and approved Zone Case No. 74-05 by the following vote: AYES: Wieder, Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSTAIN.: Matney ABSENT: None The Clerk was directed to give Ordinance No. 2010 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE. BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED APPROXIMATELY 1500 FEET SOUTHWESTERLY OF THE INTERSECTION OF TALBERT AVENUE AND EDWARDS STREET (ZONE CASE NO. 74-5)." On motion by Duke, Council waived further reading of Ordinance No. 2011 by the following vote: AYES: Wieder, Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSTAIN: Matney ABSENT: None 4�viij _' Page #6 - Council Minutes - 9/8/75 PUBLIC HEARING - ZONE CASE 75-05 - APPROVED - Oi?D NO 2011 - FIRST READING Mayor Gabbs announced that this was the day and hour set for a public hearing on a petition for a change of zone from CF-E (Community Facility -Educational District) to Rl (Low Density Residential District). The subject property is located north of Yorktown Avenue and west of Magnolia Street and consists of approximately 50 acres of land. The Clerk informed Council that all legal requirements for notification, publica- tion and posting had been met and that she had received no communications or written protests to said zone case or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 75-05. Mayor Gibbs declared the hearing open. Mr. George R. Putnam, representing S & S Construction, the, applicant, addressed Council in favor of the proposed zone change. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Duke, Council adopted Negative Declaration No. 75-49 and approved Zone Case No. 75-05. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None The Clerk, was directed to give Ordinance No. 2011 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED NORTH OF YORKTOWN AVENUE AND WEST OF MAGNOLIA STREET (ZONE CASE NO. 75-05). On motion by Duke, Council waived further reading of Ordinance No. 2011 by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None PUBLIC HEARING - ZONE CASE 75-06 - APPROVED - ORD NO 2012 - FIRST READING Mayor Gibbs announced that this was the day and hour set for a public hearing on a petition for a change of zone from CF-E(Community Facility -Educational District) to Rl (Low Density Residential District) on property located 352 feet west of Brook- hurst Street and approximately 690 feet north of Banning Avenue and consisting of approximately 8 acres of land. The Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no communications or written protests to Zone Case 75-06 or to the recommendation of approval of the Planning Commission. +i F. The Planning Director presented a resume' of the Planning Commission's reasons c.,fk�rrecommending approval of Zone Case 75-06. Page 47 - Council. Minutes 9/8J75 Mayor Gibbs declared the hearing open. Mr. George Putnam, representing S & S Construction Company, applicant, addressed Council in favor of the proposed zone change. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Duke, Council adopted Negative Declaration No. 75-50 and approved Zone Case No. 75-06. The motion was passed by the following vote. AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None The Clerk was directed to read Ordinance No. 2012 by title - "AN ORDINANCE OF THE CITY OF HUNTIN GTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SIECTION 9061 THEREOF TO PROVIDE FOR A CHANGE OF ZONING ON REAL PROPERTY LOCATED 352 FEET WEST OF BROOKHURST STREET AND APPROXIMATELY 690 FEET NORTH OF BANNING AVENUE (ZONE CASE NO. 75-06)." On motion by Gibbs, Council waived further reading of Ordinance No. 2012 by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None V PUBLIC HEARING - ZONE CASE 75-07 .. APPROVED - ORD NO 2013 - FIRST READING Mayor Gibbs announced that this was the day and hour set for a public hearing on a petition for a change of zone from R5 (Office -Professional) to R2-PD-10 (Medium Density Residential-Plannned Residential Development - 10 units per gross acre) on property located on the east side of Delaware Street 430 feet south of Adams Avenue and consisting of approximately 2.8 acres of land. The Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no communications or written protests to Zone Case No. 75-07 or to the recommendation of approval of the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 75-07. Mayor Gibbs declared the hearing open. Mr. Kae A. Ewing, owner of the subject property, addressed Council in favor of the proposed zone change., There being no one further present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Duke, Council adopted Negative Declaration No. 75-52 by the following vote: AYES: Wieder, Bartlett, Caen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None Page #8 - Council Minutes - 9/8/75 The Clerk was directed to give Ordinance No. 2013 a reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE EAST SIDE OF DELAWARE STREET 430 FEET SOUTH OF ADAMS AVENUE (ZONE CASE NO. 75-07) ." On motion by Duke, Council waived further reading of Ordinance No. 2013 by the following vote: AYES; Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None RESOLUTIONS ADOPTED At the request of Councilwoman Wieder, Resolution No. 4129 pertaining to agreements between the City and the State of California Department of highway Patrol was re- moved from the consent calendar for separate discussion. On motion by Duke, Council directed the Clerk to read Resolution No. 4128, 4130 and 4131 by title; waived further reading and adopted same by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None RES NO 4128 - ADOPTED - DEDICATION OF EASEMENT - PORTION OF WARNER AVENUE "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH DEDICATING AN EASEMENT OVER A PORTION OF WARNER AVENUE FOR STREET AND PUBLIC UTILITY PURPOSES." RES NO 4130 - ADOPTED - CONTRACT - ORANGE COUNTY NARCOTICS INDEX GRANT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT TO PARTICIPATE IN COUNTY -WIDE PROJECT FOR THE CONTROL OF DANGEROUS DRUGS (ORANGE COUl-Tv NARCOTIC INDEX GRANT)." ✓ v RES NO 4131 - ADOPTED - REQUESTS SCAG TO PROVIDE FAU FUNDS - BICYCLE TRAILS "A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF HUNTINGTON BEACH REQUESTING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SLAG) TO PROVIDE FAU FUNDS IN THE SUM OF $58,000 FOR PROPOSED CONSTRUCTION OF BICYCLE TRAILS ON INDIANAPOLIS AVENUE, EDINGER AVENUE AND SPRINGDALE STREET." RESOLUTION NO 4129 - ADOPTED - AGRMT - POLICE DEPT & CALIF DEPT OF HIGHWAY PATROL The Clerk presented Resolution No. 4129 for consideration by Council. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE TRAINING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL." Councilwoman Wieder requested clarification relative to the provisions of said resolution and Chief Robitai.11e reported on the matter. The Clerk was directed to read Resolution No. 4129 by title. 430 Page #9 - Council Minutes - 9/8/75 On motion by Wieder, Council waived further reading of Resolution No. 4129 and adopted same by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None PRESENTATION OF PLARUE FROM LORD MAYOR OF LIVERPOOL, ENGLAND Mrs. Lynn Bolding, city resident and 'White Capper' member, who had just returned from a visit to England, presented the Mayor and City Council with a plaque from the Lord Mayor of Liverpool, England. JOINT MEETING BETWEEN CITY COUNCIL & H B ANIMAL CARE & CONTROL COMMISSION SCHEDULED Mr. Robert Baker, Chairman of the Huntington Beach Animal Care and Control Commission, addressed Council regarding the need to improve the channel of communications between the Commission and City Council. Discussion was held between the Council and Mr. Baker and it was determined that a joint meeting between the. City Council and the Huntington Beach Animal Care and Control Commission would be held during an adjourned Council meeting to be scheduled at 5:30 P.M., on Monday, September 15, 1975. RE VEST TO ADDRESS COUNCIL - ELEANOR PAGE Mrs. Eleanor Page, representing the Citizens Committee For Shelter Improvement, addressed Council regarding the study they are conducting relative to animal shelter for the City. The Council advised Mrs. Page that the Huntington Beach Animal Care and Control Commission would be conducting a public hearing for the purpose of evaluating the animal control services in the City and that her presentation would be appropriate at this meeting. V REQUEST TO ADDRESS COUNCIL - DEAN ALBRIGHT Mr. Dean Albright, City resident, addressed Council regarding animal control in the city, and was also advised that his information could best be presented at the public hearing on September 16, 1975. RERUEST TO ADDRESS COUNCIL - JORDAN VAN THIEL Mr. Jordan Van Thiel, addressed Council and stated that he was a representative of the Council on Aging and that he had prepared a communication which represented a minority report, regarding the Council On Aging and City Administration. He pre- sented the report to Council and spoke regarding what he believed should be the role of the City Council in government. M2UEST TO ADDRESS -COUNCIL - MICHAEL RODGERS Mr. Michael Rodgers, Chairman of the Huntington Beach Council on Aging, addressed Council and stated that he had no knowledge of the concerns expressed by Mr. Van Thiel and that he believed the Council on Aging was very happy with the assistance and cooperation they had received from the City Council and staff. i RE VEST TO ADDRESS COUNCIL . MAX MOORE 5 Mr. Max Moore, resident of the city, addressed Council in support of the statementli.., 431 expressed by Mr. Van Thiel. - # Page #10 - Council Minutes - 9/8/75 ME VEST TO ADDRESS COUNCIL - ROLAND CIARK Mr. Roland Clark, operator of the Town and Country Spa, City, addressed Council regarding proposed Ordinance No. 2007, pertaining to suspension of permits, which had boen continued indefinitely at the August 16, 1975 meeting. He requested that h4 be notified if the proposed ordinance should be reconsidered. ItLCREATION & PARKS COMMISSION - COAST COLLEGE REPRESENTATIVE APPOINTED The Clerk presented a communication from the Director of Recreation and Parks transmitting a letter from R. Dudley Boyce, President of Goldenwest College, recommending the appointment of Mr. Raul Duarte as the Coast College representative to the Recreation and Parks Commission. In response to a question by Council the City Adminstrator stated that Mr. Duarte was a resident of the City of Huntington Beach. On motion by Shipley, Council approved the appointment of Mr. Raul Duarte as the Coast College representative to the Recreation and Parks Commission for a term to expire June 30, 1976. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None ORDINANCES ADOPTED On motion by Bartlett, Council directed the Clerk to read Ordinance No. 2008 by title waived further reading and adopted same by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None ORD NO 2008 - ADOPTED - TEMPORARY & SEASONAL PARKING LOTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING 'THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9730.28, AND ADDING SECTION_.9730.28.1 PERTAINING TO TEMPORARY AND SEASONAL PARKING LOTS." COMMUNICATION - SERVICE STATION STANDARDS - ORD 1984 - REFERRED TO PLANNING COMMISSION Tree Clerk presented a communication from Mr. Forrest C. Thompson requesting a review of Sections 9481.4 and 9481.5 of the Huntington Beach Ordinance Code pertaining to service station standards. Councilman Bartlett requested and was granted permission to abstain from considera- tion of the matter due to a possible conflict of interest. At the July 14, 1975 Council meeting, Council took action to defer reconsideration of proposed Ordinance No. 1984 until such time as a full Council was present. The Director of Building and Community Development addressed Council regarding the sections of the present ordinance referred to by Mr. Thompson. Mr. Thompson addressed Council regarding the reasons -he believed certain standards required of service stations by the city were unreasonable and were detrimental to * his business. 432 Page ##11 Council Minutes - 9/8/75 Mr. Skip Murray, service station owner, addressed Council and stated reasons why he opposed provisions of the code relative to service station standards and requested that revisions be made. The Planning Director reported on the matter, stating that proposed Ordinance No. 1984 was scheduled for reconsideration. He recommended that the independent oil servicestation owners be invited to a study session of the Planning Commission to review the matter. A motion was made by Councilman Matney, that proposed Ordinance No. 1984 be referred back to the Planning Commission for further consideration and that the independent service station operators be included in the review of said matter. The motion was passed by the following vote: AYES: Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSTAIN: Bartlett ABSENT: None L BOYS' CLUB PURCHASE OF PARK PROPERTY - REFUND AUTHORIZED - (CA 75-54) The Clerk presented a transmittal from the City Administrator transmitting a letter from the Boys' Club requesting cancellation of an agreement dated June 2, 1970 for purchase of land at Springdale Street and Heil Avenue (Chris Carr Park) and requesting a refund of the annual payments. On motion by Duke, Council approved the recommendation of the City Administrator and authorized the cancellation of the agreement between the City and the Boys' Club of Huntington Beach.dated June 2, 1970 for the purchase of park property at Springdale Street and Heil Avenue and a reimbursement in the amount of $3,000 representing the total amount paid to the City toward said purchase. The motion was passed by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None v �• PROPOSED CONSULTANT'S AGRMT NO 2 - SAN DIEGO FREEWAY GFF-RAMP -.DEFERRED The City Administrator informed Council that they had been provided with a communication from the Director of Public Works recommending that the city enter into a second agreement with Don Frischer and Associates relative to the Beach Boulevard interchange at the San Diego Freeway. Considerable discussion was held between the Council and Director of Public works regarding various aspects of the proposed agreement and it was determined that the Director of Public Works and City Administrator would report further on the matter at the September 15, 1975 Council meeting. CALIFORNIA ANIMAL CONTROL CONTRACT - PROVISIONS The City Administrator informed Council that they had been provided with copies of a communication dated September 4, 1975, from Darrel L. Cahoon, Chief Animal Control Officer, to the President of California Animal Control regarding the enforce- ment of Modification No. 1 to the agreement between said firm and City. . It was determined by Council that this matter would be discussed at the joint meeting between the Council and Huntington Beach Animal Care and Control Co4"sion to be held at 5:30 P.M. on September 15, 1975. 433 Page #12 - Council Minutes - 9/8/75 � v POLICE DEPT COMMUNICATION REGARDING SPECIAL ENFORCEMENT DETAIL The City Administrator informed Council that they had been provided with copies of a communication dated September 4, 1975 sent by Chief Robitaille to Mr. K. Dale Hush regarding the Special Enforcement Detail of the Police Department. VTN PR2SENTATION - DOWNTOWN DEVELOPMENT The City Administrator informed Council that a meeting would be held on September 10, 1975, between VTN and the downtown property owners relative to the proposed downtown redevelopment plan. k ✓ SHERATON BEACH INN TITLE SEARCH - `DRIFTWOOD LEASE Councilwoman Wieder requested clarification regarding the staff's recommendation that a title search be made of the Sheraton Beach Inn, and the Director of Harbors, Beaches and Development reported on the matter. Fallowing discussion, Councilman Matney requested that the Mayor direct the City Administrator to give the City Internal Auditor the assistance that he needs to complete the audit of the Sheraton Beach Inn for submission to Council and to au- thorize the Director of Harbors, Beaches and Development to continue the title search to determine the City's position relative to the Driftwood lease. STATUS OF ADVENTURE PLAYGROUND Councilwoman Wieder requested information as to the status of the insurance coverage for Adventure Playground and was informed that a proposal had recently been sub- mitted. The Council requested that they be provided with copies of said proposal. APPOINTMENT OF H B CHAMBER OF COMMERCE REPRESENTATIVE TO OCTD COUNCIL COMMITTEE Councilman Duke recommended that the Council request the Huntington Beach Chamber of Commerce to appoint one of its members to serve as a representative to the orange County Transit District Council Committee. As Mr, Ralph Kiser, Executive Manager of the Huntington Beach Chamber of Commerce, was present at the meeting, Mayor Gibbs requested that he inform the Chamber of the city's request. HUNTINGTON CENTRAL LIBRARY -.'HOURS OF OPERATION Councilman Duke reported that many residents had informed him of their pleasure with the new central library, however they had expressed the desire that the library be open on Sunday. On motion by Duke, Council recommended that the Library Board investigate the matter of keeping the Huntington Central Library open on Sundays, and that if there is i a close cost factor that consideration be given to closing the library on Mondays or Tuesdays when the use factor is not so great. The motion was passed by the following. vote: ,µ AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None :,:fiaSENT: None 4aA J Page #13 - Council Minutes - 9/8/75 AIYVENTURE PLAYGROUND - REPORT REQUESTED Councilman Coen stated his concerns regarding recent changes made at Adventure Playground and spoke regarding the insurance premium and the possibility of limiting the use of the facility to summertime only as he did not believe the facility, following its restructure, warranted the premium. On motion by Coen, Council requested that the Recreation and Parks Commission inves- tigate keeping Adventure Playground open only during the summertime; determine the costs of the insurance premium and that a report be submitted_ relative to the issues raised by Councilman Coen within 30 days. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None DRIFTOOOD, LEASE - AUDIT AND REPORT REQUESTED A motion was made by Councilman Matney that the Director of Harbors, Beaches and Development and the City Auditor, supply Council with a complete report on the Sheraton Beach Inn lease; that the City Administrator provide them with the resources to complete said audit and report and that said matter be scheduled for the October 6, 1975 Council Agenda. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None W COMMUNICATION - SURFSIDE ASSOCIATION NO. 1 - WATER PROBLEM Councilman Matney reported that the Council had received a letter from the Surfside Association No. 1 regarding a high ground water problem in their area. The Director of Public Works reported that this matter was being investigated by his department, the orange County Flood Control District Water Pollution Control Department and the Orange County Water District, and that a raport would be presented to Council on September 15, 1975. JORDAN VAN THIEL - MINORITY REPORT - SENIOR CITIZENS Councilman Matney spoke regarding the concerns stated by Mr. Jordan Van Thiel earlier in the meeting. COMMUNICATION - SANTA ANA RIVER SANTIAGb CREEK GREENBELT COMMISSION Councilman Shipley brought CounciV s attention to a communication dated August 20, 1975, from Mr. R. G. Sneegas, Chairman of the Santa Ana River/Santiago Creek Greenbelt Commission requesting that Council recognize the offer of support for the Greenbelt Program by the Anaheim Ikettes Chapter of the Izaak Walton League. On motion by Shipley, Council recognized and accepted the Anaheim Ikettes offer of support for the Greenbelt Program and:authorized:-staff to cooperate with the members in their efforts to make the program a success. The 'motion was passed by the fol- lowing vote AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None 435 Page #14 - Council Minutes 9/8/75 POLICE DEPARTMENT COMMENDED - BICYCLE SAFETY UNIT Councilwoman Wieder commended Police Chief Robitaille's Bicycle Safety Unit relative to the report submitted which reflected that no bicycle.fatalities had occurred in the past two years. FEUEItAL PROPOSALS FOR OFFSHORE OIL DEVELOPMENT - LITIGATION COSTS AUTHORIZED Councilwoman Wieder informed Council that the Council on Local Governments Concerned with Federal Proposals for Offshore Oil Development had requested the participating cities to join in a lawsuit against the Department of Interior to require that the Southern California leasing program be deferred until preliminary steps have been taken to insure the safety and environmental security of such an endeavor. She stated that the city's prorata share of the legal expenses would be $500. A motion was made by Councilwoman Wieder that the City of Huntington Beach join with the Council of Local Governments Concerned with Federal Proposals for Offshore Oil Development, led by the City of Los Angeles, in enjoining the Department of Interior from proceeding with the Outer Continental Shelf leasing program and that $500 be expended from the Contingency Fund for the City's share of litigation costs. Councilman Matney stated that he was opposed to the city's share of legal expenses being derived from the Contingency Fund. Following discussion, the motion was passed by the following roll call vote: AYES: Wieder, Bartlett, Coen, Shipley, Duke, Gibbs NOES; Matney ABSENT. None ORDINANCE NO 2007 -- FIRST READING _ AMENDS CODE - TEMPORARY SUSPENSION OF PERMIT Following discussion by Council, Mayor Gibbs stated that proposed Ordinance No.'� 2007, pertaining to temporary suspension of permit, which at the August 18, 1975 Council meeting had been continued indefinitely, would at this time be reconsidered by Council. The Police Chief informed Council that they had been provided with his memorandum dated August 28, 1975 regarding the matter. Mt, Roland Clark, operator of Town and Country Spa, City, addressed Council and stated that if the matter were to be reconsidered by Council he would like an op- portunity to present his views. Discussion was held between Mr. Clark and Council. The Police Chief reported on the intent -of the proposed ordinance. Discussion was held between the Council and City Attorney regarding the provisions of the code and it was determined to include the right of appeal to Council in the proposed ordinance. The City Attorney read the following wording for inclusion within the ordinance, "The action of the City Administrator in temporarily suspending a permit under this section is appealable by the permittee to the City Council. Such appeal must be taken in writing within ten (10) days after notice is given by the City Administrator to the permittee of such suspension. The City Council may sustain, overrule or modify the administrator's order of suspension." r Page #15 - Council Minutes - 9/8/75 The Clerk was directed to give Ordinance No. 2007 a first reading by title -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO SECTION 5.24.075, PERTAINING TO TEMPORARY SUSPENSION -OF PERMIT." On motion by Wieder, Council waived further reading of Ordinance No. 2007 by the following vote: AXES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None EXECUTIVE SESSION CALLED Mayor Gibbs called an Executive Session of the Council for the purpose of discussing pending personnel and/or litigation matters. RECESS The Mayor called a recess of the Council, excused the Clerk from the meeting and appointed Councilman Shipley to act as acting City Clerk at such time as Council is reconvened. RECONVENE The meeting was reconvened by the Mayor. ADJOURNMENT On motion by Shipley, the adjourned regular meeting of the City Council'of the City of Huntington Beach adjourned to Monday, September 15, 1975 at 5:30 P.M. in the Council Chamber. Motion carried. ATTEST: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Alicia M. Wentworth Norma Brandel Gibbs City Clerk Mayor . : 43